TANZANIANS CAUTIOUS ON AU-UN SUDAN TRIBUNAL

C O N F I D E N T I A L DAR ES SALAAM 000206

SIPDIS

DEPT FOR IO, AF/RSA, AND AF/E

E.O. 12958: DECL: 2/1/15
TAGS: PREL PHUM KPKO ETTC ETRD SU TZ
SUBJECT: TANZANIANS CAUTIOUS ON AU-UN SUDAN TRIBUNAL

REF: STATE 18243

Classified by Charge d'Affaires Michael S. Owen for reasons
1.4 (b) and (d).


1. (U) Charge met on February 1 with Ambassador Liberata
Mulamula, the Foreign Ministry Director for Multilateral
Affairs, to deliver reftel demarche on Sudan action in the
UN Security Council. Charge provided Mulamula with copies
of reftel paragraphs 7 and 8 talking points and concept
paper, and reviewed both documents in detail.


2. (C) Mulamula said Tanzania would in principle be
"delighted" to host a Sudan tribunal in Arusha, noting that
substantial infrastructure was already in place because of
the ICTR's long residence, and that there was already
considerable concern about the negative economic
ramifications of the ICTR's departure after 2008. Such a
tribunal would be "very welcome" in Arusha, she emphasized.
That said, however, the GOT would only support such a
tribunal if there was a solid consensus for its creation
among AU and UNSC member states. It would be "unseemly",
she said, for Tanzania to take the lead in advocating such
a tribunal because Tanzania stood to benefit economically
from its presence.


3. (C) Mulamula further emphasized that the GOT remains a
firm advocate of the International Criminal Court, and
would not do anything to "undermine the credibility and
jurisdiction" of the ICC. Noting that the GOT had always
been a strong supporter of the ICC (as further evidenced by
the GOT's refusal to consider an Article 98 agreement),
Mulamula said the GOT is concerned that creation of an AU
Sudan tribunal could weaken the stature of the ICC, and
establish a bad precedent. She acknowledged Charge's
argument of the importance of building the AU's capacity to
address war crimes issues, but said the GOT would be
reluctant to push for an AU tribunal unless there was a
clear favorable consensus among other AU states, and on the
UNSC.


4. (C) The GOT warmly welcomed the Commission of
Inquiry's report, Mulamula said, and is fully supportive of
a strong peacekeeping force in Sudan. Tanzania has an
"open mind" on the composition and deployment of the force,
as well as its relationship to the AU force in Darfur, she
said, and the GOT is prepared to listen to views of others
before making a decision. The GOT strongly favors
sanctions against those identified as having committed
human rights violations, although she noted that
"guerrillas in the bush" may be little fazed by sanctions.


5. (C) Comment: If a consensus forms around creation of
an AU Sudan tribunal, then Tanzania will not oppose, but it
is clear that, given the GOT's strong identification with
the ICC, Tanzania will not be out front on this issue. On
supporting the Commission of Inquiry, sanctions, and
Peacekeeping Forces, the GOT is still forming its opinions,
but we would appear to have many areas of agreement. End
comment.

OWEN